Home Business Responsible for damage is a neighboring apartment with a leaky pipe –...

Responsible for damage is a neighboring apartment with a leaky pipe – Chicago Tribune


The question. I have a condominium and I had a water leak coming out of the pipe in the block above. A water leak damaged my drywall ceiling. The owner of the unit has repaired the pipe but refuses to cover the damage to my unit. Who is responsible for repairing my drywall?

A. Section 9.1 (a) of the Condominiums Act states in part that the homeowner is liable for any damage resulting from the use or operation of the unit or caused by their own conduct. This means that ultimately the owner of the unit from which the water leak came will be liable for damage to the other unit, however the association is responsible for repairing drywall damage in the unit up to the primer and in most cases, estimate its cost to the owner. where a water leak occurred in accordance with section 9.1 of the Condominiums Act.

The question. I am a member of a small self-governing association of condominiums. We recently learned that Fannie Mae has published new recommendations for lenders that require condominium associations to respond to a new addition to the Fannie Mae condominium project questionnaire, which contains, in my opinion, too broad questions regarding the condition of the building. Are condominium societies obliged to answer these questions?

A. Under the Condominium Act, the Illinois Condominium Association is not required to respond to a supplement to the Fannie Mae condominium project, but condominium councils may feel compelled to answer these questions to facilitate unit sales and refinancing opportunities for owners. The board will have to decide whether to answer the questions in the appendix and, if so, the scope of those answers. The board should also decide what reports or additional documents, if any, will provide to creditors as part of their response.

In addition, no matter what answer the council eventually takes, it is recommended that the answers be considered by legal counsel, given that some of the new questions require insight into the condition of the building, which the average non-professional would not be in such a position. Thus, a clear disclaimer and board responses are proposed to mitigate potential liability to the condominium board.

The question. I have lived in my township for over 25 years. I fell in love with the traditional architecture of pitched roofs and the warm colors of the buildings. However, the president of the board of our association for many years changed the colors of the exterior elements from time to time without the involvement of the owner or approval, which changes the nature of the building. Does the chairman of the board have the right to make significant changes to external elements?

A. Architectural control and authority over the external elements of a public association are set out in the declaration of the town hall and the statutes written against the association of town halls. Usually such documents stipulate that the city hall is responsible for maintenance, repair and replacement of external elements. It is possible, but very unusual, for the town hall declaration and charter to empower the board of directors to change the architectural character of the buildings at will.

In the unusual circumstance that the declaration and the statute allow the board such powers, it will require a majority vote of the quorum of the council. Only the president of the board would not have the authority to make architectural decisions on behalf of the board of directors.

Do you have a question for an apartment consultant? Email ctc-realestate@chicagotribune.com.

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